The green bonds market in the light of European Commission’s proposal : implications for greenwashing liability

Abstract

The chapter discusses the strengths and weaknesses of the European Green Bond Regulation (EUGBR) as a tool to mitigate “greenwashing” risks. It first examines the policy objectives and the core aspects of the initial Proposal for a Regulation and of the European Parliament’s and EU Council’s negotiating positions. The chapter later focusses on the “greenwashing effects” (i.e., the potential adverse impacts of the EUGBR based on environmental and science-based evidence) and on the legal consequences for false and misleading statements on environmental matters (“greenwashing liability”). It concludes that, despite the strong emphasis on “greenwashing” in the preparatory documents and text of the EUGBR, it fails to adequately address this risk. Drawing from the shortcomings, we propose some changes to the review process as well as to external supervision and enforcement mechanisms, which could more effectively assuage “greenwashing” concerns.